Filed: Mar. 22, 2019
Latest Update: Mar. 22, 2019
Summary: STIPULATED MOTION TO MODIFY SUMMARY JUDGMENT BRIEFING SCHEDULE ROBERT S. LASNIK , District Judge . I. STIPULATED MOTION Pursuant to LCR 7(j) and 10(g), the Plaintiff States and the Federal Defendants submit this stipulated motion to modify the remainder of the summary judgment briefing schedule in light of the Court's March 19, 2019 order (Dkt. # 175). Under the current briefing schedule (Dkt. # 115 at 2), the Plaintiff States filed a motion for summary judgment on February 15, 2019 (Dkt.
Summary: STIPULATED MOTION TO MODIFY SUMMARY JUDGMENT BRIEFING SCHEDULE ROBERT S. LASNIK , District Judge . I. STIPULATED MOTION Pursuant to LCR 7(j) and 10(g), the Plaintiff States and the Federal Defendants submit this stipulated motion to modify the remainder of the summary judgment briefing schedule in light of the Court's March 19, 2019 order (Dkt. # 175). Under the current briefing schedule (Dkt. # 115 at 2), the Plaintiff States filed a motion for summary judgment on February 15, 2019 (Dkt. ..
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STIPULATED MOTION TO MODIFY SUMMARY JUDGMENT BRIEFING SCHEDULE
ROBERT S. LASNIK, District Judge.
I. STIPULATED MOTION
Pursuant to LCR 7(j) and 10(g), the Plaintiff States and the Federal Defendants submit this stipulated motion to modify the remainder of the summary judgment briefing schedule in light of the Court's March 19, 2019 order (Dkt. # 175).
Under the current briefing schedule (Dkt. # 115 at 2), the Plaintiff States filed a motion for summary judgment on February 15, 2019 (Dkt. # 170), and the Federal Defendants and Private Defendants filed combined oppositions and cross-motions on March 15, 2019 (Dkt. ## 173, 174). Currently, the States' combined replies and oppositions are due on April 5, 2019, and Defendants' replies are due on April 19, 2019. Dkt. # 115 at 2.
On March 19, 2019, the Court issued an order granting the Plaintiff States' Motion to Supplement the Administrative Record, and granted the States leave to take "discovery aimed at establishing whether the pre-July 28, 2018, comments to the NPRMs were directly or indirectly considered when issuing the temporary modification and letter." Dkt. # 175 at 7. Pursuant to the order, by April 16, 2019, the Federal Defendants are to:
• certify that the administrative record has been reviewed and that all materials considered, directly or indirectly, in making the decision to issue the July 27, 2018, temporary modification and letter have been produced, regardless of whether the materials support or are contrary to the decision; and
• produce settlement-related communications and materials generated in Defense Distributed v. U.S. Dep't of State, C15-0372RP (W.D. Tex.), and a privilege log for all assertedly privileged documents and materials that were considered, directly or indirectly, in making the decision to issue the July 27, 2018, temporary modification and letter.
Dkt. # 175 at 8.
It is Plaintiffs' view that the referenced information concerning the administrative record will be relevant to the pending motions for summary judgment. In light of the Court's order, the Plaintiff States and the Federal Defendants request that the remainder of the summary judgment briefing schedule be modified as follows:
• The States shall file their combined reply and opposition to the Federal Defendants' motion by May 10, 2019.
• The Federal Defendants shall file a reply by May 24, 2019.
No party (including the Private Defendants)1 takes a position on whether the briefing schedule as to the Private Defendants should also be modified such that the above deadlines apply to them as well. Unless the Court orders otherwise, the States will file their combined reply and opposition to the Private Defendants' motion by April 5, 2019, and the Private Defendants will file their reply by April 19, 2019, in accordance with the current schedule.
II. ORDER
Pursuant to the above stipulation, it is so ordered.
The summary judgment briefing schedule as to the Private Defendants:
____ remains as established in the Case Management Order (Dkt. #115).
✓ is modified such that the deadlines above apply as to both the Federal Defendants and the Private Defendants.
